USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 11
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That ye said Informant going on board wth only two of the 5 men (viz.) one Sailor and another of ye two first, they saw the Capt., who seemed much disturbed, his men were not come on board, But that he that was left a pledge wrote a Lettr to ye Capt. by ye other per- son, upon wch the Capt. was satisfyed ; that ye Capt. after some words, resolved himself to come on shoar, wch he accordingly did ; That meeting those of his men that were on shoar, and menacing them they submitted & promised to goe on board, being sent to gett some water & Provision they ran away, and that one of the other two who came on shoar wth the Capt. said he would do the same when he could. That hereupon the Capt. took occasion to threaten this Informant as the cause of his mens running away, that he attempted to draw upon him but that he was disarmed by the Company, as
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also the. Capts Companion Charleston by name, Upon wch the Sherif Secured ye Boat, and was consulting with ye Collector to raise ye Posse of ye County & took the Capt. into Custody. That the In- formt further adds, that inquiring earnestly of some of ye men to know what they were, One of them told him that their then Capt. who was Lievtenant to Capt. Pullen, had been 3 dayes in Irons some time before they parted from sd Pullen. He further adds, That upon a lighted match, accidentally touching one of ye mens Legs, who Com- plained of ye pain, the Capt. asked him how he would have bore what their Boatswain did, to have matches burn between his fingers, upon which the other swore the Boatswain was a stout fellow, suffered bravely, without divulging any thing.
That there is none of ye prisoners on board of whom the ship was taken, of wch being asked ye Reason, they said she was taken in the night near ye shore, & that the men gott off in their Boats & escaped, and that those who were on shoar said, that if they who were on board could gett on shoar, at least 8 or 10 of them would desert her.
Which being considered, & ye Ld Cornbury being in town, who by his Commissn for the Jerseys is Constituted Vice admiral, of ye same, and has therefore Juris in some parts of our River & Bay, tis Resolved, That ye Council shall forthwith wait on ye said Lord Corn- bury to consult wth him what may be most proper to be done.
Accordingly ye Council went & Returning, the President reported that the said Lord Cornbury had agreed with them that he should issue a Commission to Capt. Thomas Braines, for seizing and bring- ing up the said vessel, and that ye Council, in behalf of this Gov- ernmt, should issue a publick Instrumt to encourage a sufficient number of persons of this province to be assistant to ye sd Capt. Braines, in seizing and bringing up the said vessel, wch according was ordered forthwith to be drawn, and was drawn and signed, & then adjourned to 8 in the morning.
At a Council held at Philadia, ye 17th 6 mo, 1703.
PRESENT: Wm. Clark, with ye preceding as before.
James Le Tort, who about 2 years agoe went out of this Pro- vince to Canada, & returned last spring, having been upon his return examined before several of ye Council and magistrates, and no great occasion found to suspect him of any evil designs against this Govmt, he having been bred in it from his infancy, had hitherto behaved himself inoffensively, & was seduced to depart in time of peace by the Instigation of some others, without any evil Intentions that could be made appear in himself, and being now in town, together with Peter Bezalion, another frenchman & Indian Trader, It was Judged necessary to call them both before the Council, & for further satis- faction to take Security of them for their Behaviour towards the Govmt, accordingly they were sent for & obliged each to give Secu- rity in five hundred pounds Sterling, that they should behave them- selves as good Subjects of the Queen & of this Govt, & hold no
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Correspondence whatsoever wth ye Enemy, but at all times during ye Warr make best Discoveries they could of all designs that should come to their knowledge agst this Govmt, or any others of ya Queens Subjects.
At a Council held at Philadia, the 24th 6 mo., 1703.
PRESENT :
EDWD. SHIPPEN, pres.
Saml. Carpenter,
Griff. Owen, Tho. Story.
Wm. Clark,
Information being made to this board, That ye Collectr of Lewis was come upon to this Town & made Complaint to Judge Clark, & the Secry of Jonathan Baily, the Sherif of the County of Sussex, that he was remiss in Discharging his duty, & giving him the said Collectr necessary assistance in apprehending ye Commandr & Sailors of ye ship that had lately come in and anchored before that port, being the Prize taken by Capt. Pulleyn, and ye said Judge Clark, the Supream officer of ye said County, directing the said Complaint to ye Board, & accusing him of great remissness & Stubborness in his office in general. It was Orderd, That ye said Jonathan Baily's Commission should be superseded, & the place granted to Luke Watson, Senr., who had formerly petitioned for the same. Ordered also, that a Lettr be forthwith drawn by the Secry to ye Proprietry & Govenr, to be signed by the Council, laying ye State of affairs in this Govmt fully before him, & humbly praying him to make speedy Provision to regulate ye Same, & then adjourn till 5th day next, at eight in the morning.
At a Councill held at Philadia, the 27th 6 mo., 1703.
PRESENT :
Edward Shippen,
Tho. Story,
Saml. Carpenter,
Griff. Owen,
William Clark,
Caleb Pusey.
A Commission to Luke Watson to be Sheriff of ye County of Sus- sex, Ordrd the 24th Instant, together with a writ of Assistance & writt of Discharge to ye late Sherif, Jonathan Bailey, were signed.
Also, a letter to ye Proprietor as ordered the said day, and then adjourned of Course.
At a Councill held at Philadia, the 17th 7br., 1703.
PRESENT :
Edwd. Shippen,
Tho. Story,
John Guest,
Saml. ffinney,
Saml. Carpenter, Caleb Pusey.
Aaron Delacourt & William Preston, Presented to ye board a Pe- tition, wch was read, & conts in Substance as follows, (vizt.) that ye said Petitionr came in the Sloop Younger Brewer, now under seizure,
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from Campeachy Bay, & were bound for Caracao, but by bad weather & the Sloop being very leaky, & ready to founder at sea, were obliged to put into Delaware River, & Desired Liberty to sell part of ye Log- wood they brought in ye said Sloop to defray her Charges, & that ye remaindr might goe to the owners.
After wch ye Petitionrs being heard what they had farther to say, it was by them alledged that ye Sloop was a french Prize, taken by the Dutch, & as such condemnd by a Dutch Colour at Curracao, a Copy of wch Condemnation they produced in ye Dutch tongue, & that they were forced in here by ye stress of weather & their vessels leakiness & that they had protested agst the same, producing a pro- test under the hand and Seal of Wm. Tonge, Notary at Newcastle, wch was read, as also an affidavit of the said Aaron Delacourt, & ye Sailors of ye said Sloop, together with Thomas Hurst, Mr of ye sloop Anna, now riding in Delaware aforesaid, & the Sailors thereunto belonging, Containing in substance that ye said Sloop was by one Capt. Rutter sold in Campeachy to Daniel Middleton & Wm. Preston, who Loaded her with Logwood & sent ye same to Curracao, & having been at sea a month and odd days she sprung a Leak, splitt her sails, sprung her mast, and being hereby Disabled, was forced into Dela- ware Bay, and that he the said Thomas Hurst & Sloops Compa Sailed in Compa with the said Sloop till their arrival at New Castle, for fear she should founder at sea, and that to the best of their know- ledge, the sd sloop Younger Brewer, was Bound for Curracao .- Sworn before John Guest, 14th 7br, 1703.
There was also produced & read another paper, under the hands of Benja. Burnian, Jno Dure, Barth Penrose & Joseph Haywood, Cont that they had visited the said Sloop Younger Brewer, & found her not fitt to keep ye Seas, wch they also swore before John Guest, Esq., the 14th 7 br, 1703.
But after ye said matters had been fully weighed & Considered, it was resolved that as they were represented to this board, it does not Properly lye before them to give the Petitionrs Relief in their Prem- ises.
Capt. ffinney moved that ye Prisoners now in Philadia Gaol, Con- fined by Judgment of ye Court of Quarter Sessions might be dis- charged from their Imprisonmt, & obliged to serve their Respective masters in lieu thereof sometime longer; Resolved that this board ought not to take notice thereof unless ye Persons respectively con- cerned Petition, & then ye same shall be duly Considered.
Capt. ffinney, in behalf of ye Justices, acquainted this board that the Benches ffees would not defray ye Charges they were at During ye Courts sitting, therefore desired that what ye Benches ffees would not defray might be paid out of ye ffines which is referred to ye Com- missionrs of Property.
Pentecost Teague, Coroner of Philadelphia, presented to this board his petition, setting forth that one David Crawford fell out of his boat near Gloucester, in Delaware River, and was drowned; But some time after ye body was taken up near Skuylkil mouth, Where an Inquest sate upon ye Body and Buryed him, whereby ye said
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Cornr was at Considerable Charges and not yet repaid, although ye sd David had at his Death sufficient Goods and effects to repay ye same, Therefore the said Corronr Desired an Order to take into his hands so much of ye sd David Crawford's Goods and Effects as would defray ye said charges, which being considered, it was ordered that the sd Corronr may take into his custody all or any Part of ye Goods or effects ye said David was legally possessed off at ye time of his Death, of all wch Goods and Effects that shall be so seized, ye said Correnr shall render an account to ye Proprietary or his proper Officers, and if any remain after the Coronrs Charges shall be paid, ye Corronr shall pay such remaindr to the Proprietary or his proper officers.
Signed a warrt to Rowlaf De Haes & Richd. Clerk, to survey a Bail of Goods came in the Penrose Galley, James Miller, Mr., Con- signed to James & Hercules Coutts.
At a Council held at Philadia, 25th 7br, 1703.
PRESENT :
Edward Shippen, John Guest,
Griff. Owen, Saml. ffinney,
Saml. Carpenter,
Caleb Pusey.
A Petition from John Noyse, Prisoner in the Common Gaol of Philadia., to this Board, was read, Humbly Shewing That ye said Petitioner, a servant to John Webb, of ye Citty Philadia, was com- mitted to ye said Goal for taking a Watch, &c., from John Guy, & being convicted of ye same at ye last quarter sessions, was ordered to pay Eight pounds & to receive 5 Lashes on his back. at ye Bell of ye said Citty, wch punishmt of ye 5 lashes upon a hearty sorrow for his sd offence, & upon a due submission he humbly prayes this Board that they would be pleased to remitt.
Which Prayer being taken into Consideration, and ye Petitiors Circumstances duly Weighed, This Board is favourably pleased to Order that ye said Punishmt of five Lashes, ordered by ye Court to be Inflicted on ye sd John Noyce, (as by a copy of ye minutes of Court duly certified appears,) be remitted, & accordingly they are hereby remitted, & hereby the said John Noyse is discharged from ye same, of wch the Sheriff of the Citty & County is hereby ordered to take notice & to act accordingly.
It being represented to this Board, that ye last Court of ye County of Chester, was not duly held on the day on wch it ought of Course by Law, But by means of some obstructions thrown in their way, it was adjourned to the first of the next month, agst wch time it would be necessary to issue a new Commission to constitute a magistracy in ye said County. Tis Ordered, That a Commission be forthwith pre- pared, directed to John Guest, Jasper Yeates, Caleb Pusey, Philip Roman, Jonathan Hayes, Ralph ffishbourn, Jeremiah Collet, Walter Martin & Nathaniel Newlin, to be magistrates of ye said County, & that a Dedimus Potestatem be also prepared, directed to ---- , for qualifying the said Justices.
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At a Council held at Philadia, 28th 7br., 1703.
PRESENT :
Edwd. Shippen, John Guest,
Tho. Story,
Griff. Owen,
Saml. Carpenter,
Saml. ffinney.
Information being given, That John Bewly, Collector of ye Queens Customs for ye Port of Philadia, with ye Collectors of New Castle and Lewis, having obtained new Commissioners for their said places, under ye Queen, were all now in Town, and desirous to be quali- fied by taking ye Oaths enjoyned to Officers by ye several Acts of Parliamt., and were about applying themselves to this Board for that end.
The said acts of Parliamt, & the nature of ye oaths being consi- dered, it was Resolved, That ye most proper place for administering them was ye Court of Quarter Sessions, to wch they were in their Several Counties referr'd.
Adjourned of course.
At a Council held at Philadelphia, 12th 8b., 1703.
PRESENT :
Edwd. Shippen, Griffith Owen, Samuel ffinney,
John Guest,
Tho. Storey,
John Blunston.
Anthony Morris, Mayor Elect of this City, in pursuance of their Charter for ye following year, presented himself with ye aldermen & Common Council, made a solemn promise of fidelity to ye Queen, took ye Declaration of his abhorrence of Popery, & ye test for his qualifi- cation, &c.
Josiah Appleton took ye oath required of him by act of Parlt for registering the Sloop Speewell, Saml. Spencer, Mast., Burthen Ten Tuns, or thereabouts.
Adjourned to 5th day next 2 in ye afternoon.
At a Council held at Philadia, 15th 8br. 1703, A. M.
PRESENT :
Edward Shippen, Thomas Story,
Saml. ffinney, John Blunston,
Griff. Owen,
Edwd. Shippen, Presidt., informed the Board, That yesterday being the 14th of 8br., the day appointed by Charter for ye. Assem- bly of this Province to meet at Philadia., the Greatest part of ye said members had mett with himself and two more members of Council, but that there was not a full Quorum, and therefore could not take any due Cognizance of their appearance ; That the Sheriffs of Philadia, & Bucks had made their returns, but ye Sherif of Ches- ter had neglected his duty ; That thereupon, he had sent ye mes-
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senger of the Council express for him, with Orders to Summon John Blunstone and Caleb Pusey, Esqrs., to attend at Council, and that in pursuance of ye said message the sd Sheriff was come to Town, and presented also his Return, and was now waiting further orders.
Ordered, that John Hoskins, Sherif of the County of Chester, be called to answer to this Board for his failure in making a Return of ye Representatives chosen for yt County.
Accordingly ye said sherif appeared, & being duly reprehended for his fault, he acknowledged his neglect, but as it arose not from any contempt he craved their excuse; Whereupon he was ordered to pay ye messenger & was discharged.
A message from the Representatives of ye freemen of this province was brought, requestiing to know when they might be admitted to present themselves to ye Council, to which answer was given they might in half an hour.
Within ye said time two and twenty of the said Representatives presented themselves, & being called over according to their respec- tive Returns of the Sherifs, there appeared for Philadia County Seven members; for Bucks Six; for Chester Seven, and for the Citty of Philadia two; who requested that they might be admitted to take the usual qualifications in ordr to proceed to Business.
The Council first observing that there were eight members return- ed by the respective Sherifs of each County, craved to know upon what foot such a number is returned this year, Seeing there were no more than four represented last year.
Some of the Representatives answered that upon the application of members elected for the Province last year, made to the Deceased Govr Hamilton in pursuance of the Proprietors Charter, the Pro- vince hath now a right to choose so many together with the said two for ye Citty Philad, of wch application the Council could not be igno- rant.
It was answered, That the application having been made to the Govr alone, and not in Council, & the Govr soon after dying, they could not be regularly acquainted therewith, but ye Secretary being called on for ye said instrumt, it was produced and allowed to have been sufficient and is satisfactory.
The said Representatives then craved they might have ye usual Qualifications administered, to which the Council answered, that ye Govr being deceased and the Govmt now devolved on them for ye present, not by intention but through an Exigency, they could not think the present Constitution sufficiently Qualified for Legisla- tion, notwithstanding it was sufficient, till further provision could be made for the administration of Justice & the necessary support of ye Govmt.
The representatives replied that as they were duly elected by ye people in pursuance of their Charter, so they thought themselves obliged to consider for what end they were chosen, but it was impos- sible to doe this until they came under the usual & necessary quali- fications, that moreover they thought it an Indispensable necessity
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incumbent on them for the publick safety & common welfare, to put themselves as far as possibly they could into a condition to be ready at least for Legislation, and to answer ye ends of Govmt and there- fore craved the said qualifications.
Resolved at length that further time should be taken to consider of their Request, & thereupon ye sd Representatives withdrawing, It was Resolved that considering the great Importunity of ye sd Repre- sentatives, & that they would by no means be satisfied to return home without a sufficient Qualification to meet any Governr that might come over or be commissioned here within the year, ye sd Qualifica- tions should be administered as desired. And then adjourned to 3 in ye afternoon.
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POST MERIDIEM, ijdem qui ante ho. 3tia.
The Representatives appearing according to appointment in full Body, Tho. Story by Ordr of ye Council, speaking to them said, That notwithstanding ye Council for several reasons could not think it proper for them to concur or proceed to Legislation, and therefore they ought not to doe any thing tending that way. Yet considering ye earnest desire they had expressed to take ye qualifications, ye Council had agreed they should be administered to them as desired, but withall that they should not interpret this, as any design in the Council to concur with them any further. To wch it was answered, That they hoped the Council would not Capitulate wth them, they were not now in a condition to treat wth ye Board as a house but when qualified they should be enabled & would proceed, they hoped to ye best of their abilities for ye good of ye Publick, & a just Dis- charge of their Duty without any Clashing or opposition. And there- upon Nick Waln, Saml. Richardson, Isaac Norris, David Lloyd Anthony Morris, senr., Saml. Cart, Joseph Wilcox, Charles Read, Wm. Biles, Tobias Dymock, Richard Hough, Wm. Paxton, Joshua Hoope, Thomas Stevenson, Nicholas Pyle, John Bennet, Andrew Job, David Lewis, Nath Newlin, Jos. Baker and Robt Carter took and subscribed their attestations in the words of what is required by ye oaths Injoyned by ye Law of England, in lieu of the oath of alle- giance & then departed in order to choose a speaker, Gr Jones re- fusing to sign with ye others.
And returning, David Lloyd at ye head of ye whole Body of re- presentatives was presented to ye Board, & informed ye Council that ye House were pleased to make choice of him, who tho' he must acknowledge himself too meanly qualified for ye place ; Yet as they had thought fitt to lay that charge upon him he must think himself obliged to serve them to ye best of his ability, and then desiring to know to what time ye Council would adjourn, to wch answer was made to ten in the morning; they wthdrew, & then the Council ad- journed accordingly.
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At a Council held at Philadia., 16th 8br., 1703.
PRESENT :
Edwd. Shippen,
Griffith Owen,
Jno. Guest,
Thomas Story,
Saml. ffinney, John Blunston.
Two members from the Assembly presented Jeremiah Langhorn to ye Board to take ye usual qualifications, in order to be admitted to their house, & accordingly he took & subscribed ye same qualifi- cations ye others had done. The said members also craved that ye assembly might be favoured with a list of ye members returned by ye respective Sherifs, or with ye Returns themselves, wch ye Secry was ordered to deliver to them, & accordingly they were delivered, and then they informed that ye whole house of Representatives de- sired to attend ye Council, which was agreed to by ye Council.
The Body of Representatives accordingly came, & ye Speaker ac- quainted the Board that ye member of their house, (viz. Gr. Jones,) who had yesterday declined to subscribe ye attestations for their Qualifications, together with ye other members upon a full debate of that matter, was now willing to take and subscribe what was en- joyned by their Charter & ye Laws of this Govrmt, (viz.,) allegiance to ye King, ffidelity to ye Proprietr, & Obedience to ye Laws of this Govermt, wch notwithstanding the other members had exceeded it in what they had done, yet they thought it was all that could be required of them, & therefore proposed to ye Board to consider whether it might not be sufficient.
He also, in ye name of ye House, desired that they Might have a Conference wth ye Board, either by a whole Comittee or a particular one, in order to debate ye Power and Capacity of ye Council, to joyn with them in ye proper affairs of an Assembly; Upon which It was resolved, that an answer should be sent them & they withdrew.
Resolved upon a due Consideration of ye first proposal, offered by ye Speaker of the Assembly, That as allegiance to ye Crown was required, so ye Law of England was ye most proper to direct them how that allegiance should be declared, and as ye rest of the mem- bers had acted in pursuance of ye said Law, so ye said member ought not to be admitted on any terms short of what ye rest had been, and to ye Latter that ye whole Council would hold a Conference with the whole house in ye Council Chamber at two in ye afternoon, and a messenger was sent to Inform ye House accordingly, and then ad- journed to ye said hour.
POST MERIDIEM, ijdem qui ante, Capt. ffinney excepted.
The House of Representatives, according to appointmt, presented themselves in a Grand Committee in Ordr to confer with the Coun- cil concerning ye present Condition of ye Govermt, & ye Powers of ye Council to proceed in Legislation, In wch some time being spent in Consideration of ye Powers of ye Proprys Commission to ye pre- sent Council, & ye whole debated, the Council declaring that not- withstanding they were fully satisfied of their Power in Govermt & the administration of Justice, yet they could not believe it extended
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to Legislation, either from ye Language of the Commission it self, or from the Practice of other Govmts. The assembly pressed ye ne- cessity of proceeding to business for redressing of Grievances, & Considering other matters wch might not require phaps any positive Laws, but not being able to come to any certain Conclusion, the Representatives departed.
Willm. Lee of Philadia, Mercht., being the second person nomi- nated at ye Election of members, and returned for the office of Coroner, Pentecost Teague, ye first named declining it, ye said Willm. was sent for, and appointed Coroner for this year for ye County of Philadia., and a Commission ordered to be drawn for that purpose, & then adjourned to second day at 9 in ye morning.
At a Council held at Philadia., 18th 8br., 1703.
PRESENT -:
Edwd. Shippen, John Guest,
Caleb Pusey, Jno. Blunston.
Saml. ffinney,
The Council meeting waited for some time, & then adjourned to 3 in ye afternoon.
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POST MERIDIEM.
PRESENT :
Edwd. Shippen, John Guest,
Tho. Story,
Griffith Owen, Caleb Pusey, John Blunston.
: A message of 3 members from ye assembly, together with ye recusant membr, Griffith Jones, applying to ye Board, acquainted ye Council That they were commanded by the House, to request this Board that they would admitt the said Griffith Jones, to be qualified upon his promising allegiance to ye Crown & ffidelity to ye Govenr, being ye whole that is enjoyned (they say) by ye Proprys Charter, & ye Law of this Province, to wch it referrs, all beyond that being in their Judgmt an Imposition upon their priviledges.
To wch ye President answered, That allegiance to ye Crown being required, ye Council must answer as before, That ye Law of England Seeing it carried no hardship wth it, was ye fittest to prescribe ye method of taking that allegiance, our own Laws not mentioning it, and that ye Council having come to a Resolution on this head before, could give no other answer, upon wch they withdrew.
Peter Lester, Presented a petition Shewing That Richd. Hogan, ye said Peter's Servt. some time before ye last Quarter Sessions in Philadia, by a forged lettr, possessed himself of several goods of Hugh Durborrow, for wch fforgery he was indicted at ye sd Sessions, & Convict thereof, & Judgmt past upon him to pay 1.€. 11sh. 10d. and suffer three months Imprisonmt as ye law directs ; but ye said fine & Imprisonmt being very hard on ye Petitioner, the sd Hogan
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